Buying 2nd hand laptop with outstanding finance on it - still guaranteed?

shooby100

Hi, I am looking at purchasing a 2nd hand laptop which was originally purchased by the current owner from John Lewis on interest free credit. It still has a years guarantee left on it with John Lewis and the seller has the original receipt. My question is, would John Lewis honour the outstanding guarantee if the current owner defaults on their payments for the credit? As far as I can tell by researching online the debt stays with the original owner. Thanks in advance for any advice!

cymruchris

The guarantee usually stays with the original owner as well. It's very rare for a guarantee to be transferrable when an item is sold second hand. Have you looked at the guarantee terms and conditions?

davidmcn

As above, you'd need to read the guarantee to find out, but they're not usually transferable.

shaun_from_Africa

JL do allow the guarantee to be transferred
https://www.johnlewis.com/customer-services/shopping-with-us/terms-and-conditions

GUARANTEES FOR LARGE DOMESTIC APPLIANCES AND CONSUMER ELECTRONICS PRODUCTS

Our guarantees provide full cover against mechanical breakdown through normal use. This means that if your item develops a fault during the guarantee period, we'll arrange for it to be repaired free of charge, including all parts and labour. Your guarantee is transferable with ownership, so if you give or sell the item to someone during the guarantee period, it's still covered.

shooby100

cymruchris said:

The guarantee usually stays with the original owner as well. It's very rare for a guarantee to be transferrable when an item is sold second hand. Have you looked at the guarantee terms and conditions?

No I have not checked the guarantee terms and conditions thank you for pointing that out 

shooby100

Just checked - the guarantee IS transferable with change of ownership according to the John Lewis T&Cs.

JJ_Egan

<current owner defaults on their payments for the credit?>

Personally i would steer well clear  .

shaun_from_Africa

You are correct in saying that if the original owner defaults on the payments, it is them that is liable for the debt and not you.
Even though a credit agreement was taken out, ownership of the computer still transfers to the original purchaser and in the event of a default payment, the finance company can't repossess it and may have to take the original owner to court to recover their money.

cymruchris

On one hand I wouldn't touch something with finance on it - but the seller is being upfront by mentioning it. A lot of sellers wouldn't. Is it someone you know personally? Based on the above that transfer of ownership guarantees can apply - I would ask the seller to provide you with a written receipt, including a dated verified signature to say that you've paid £x in full and final payment for ABC laptop, and that it's the seller's responsibility to settle any outstanding finance. The finance will be with the individual rather than secured on the physical laptop itself, so as long as you have the proof you've purchased it in good faith, and have taken reasonable precautions to cover yourself - I'm sure all would work out ok. That said - I personally would still avoid anything with finance attached to it. 

davidmcn

cymruchris said:

I personally would still avoid anything with finance attached to it. 

The finance isn't "attached to it". It's not like ye olde days of "hire purchase".

shooby100

cymruchris said:

On one hand I wouldn't touch something with finance on it - but the seller is being upfront by mentioning it. A lot of sellers wouldn't. Is it someone you know personally? Based on the above that transfer of ownership guarantees can apply - I would ask the seller to provide you with a written receipt, including a dated verified signature to say that you've paid £x in full and final payment for ABC laptop, and that it's the seller's responsibility to settle any outstanding finance. The finance will be with the individual rather than secured on the physical laptop itself, so as long as you have the proof you've purchased it in good faith, and have taken reasonable precautions to cover yourself - I'm sure all would work out ok. That said - I personally would still avoid anything with finance attached to it. 

Good advice, thank you. It seems the general consensus is to steer clear of buying something with finance attached so I will need to think very carefully. No I don't know the person, it is just a local seller.